By Goodman, Naishtat                            H.B. No. 1917

      75R7101 DAK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the powers and duties of the Texas Juvenile Probation

 1-3     Commission and of juvenile boards.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 141.001, Human Resources Code, is amended

 1-6     to read as follows:

 1-7           Sec. 141.001.  PURPOSES.  The purposes of this chapter are

 1-8     to:

 1-9                 (1)  make probation services available to juveniles

1-10     throughout the state;

1-11                 (2)  improve the effectiveness of juvenile probation

1-12     services;

1-13                 (3)  provide alternatives to the commitment of

1-14     juveniles by providing financial aid to juvenile boards to

1-15     establish and improve probation services;

1-16                 (4)  establish uniform [probation administration]

1-17     standards for the community-based juvenile justice system; [and]

1-18                 (5)  improve communications among state and local

1-19     entities within the juvenile justice system; and

1-20                 (6)  promote delinquency prevention and early

1-21     intervention programs and activities for juveniles.

1-22           SECTION 2.  Section 141.011, Human Resources Code, is amended

1-23     by amending Subsection (a) and adding Subsection (d) to read as

1-24     follows:

 2-1           (a)  The commission consists of:

 2-2                 (1)  two district court judges;

 2-3                 (2)  one county judge or commissioner; and

 2-4                 (3)  six members of the public who are not employees in

 2-5     the criminal or juvenile justice system as follows:

 2-6                       (A)  two members appointed from counties with a

 2-7     population equal to or more than 500,000;

 2-8                       (B)  two members appointed from counties with a

 2-9     population equal to or more than 100,000 but less than 500,000; and

2-10                       (C)  two members appointed from counties with a

2-11     population less than 100,000.

2-12           (d)  For purposes of Subsection (a), population is determined

2-13     by the most recent population projection figures available from the

2-14     comptroller.

2-15           SECTION 3.  Section 141.042(a), Human Resources Code, is

2-16     amended to read as follows:

2-17           (a)  The commission shall adopt reasonable rules that

2-18     provide:

2-19                 (1)  minimum standards for personnel, staffing, case

2-20     loads, programs, facilities, record keeping, equipment, and other

2-21     aspects of the operation of a juvenile board that are necessary to

2-22     provide adequate and effective probation services;

2-23                 (2)  a code of ethics for probation officers and for

2-24     the enforcement of that code;

2-25                 (3)  appropriate educational, preservice and in-service

2-26     training, and certification standards for probation officers or

2-27     court-supervised community-based program personnel; [and]

 3-1                 (4)  minimum standards for juvenile detention

 3-2     facilities, public post-adjudication juvenile secure correctional

 3-3     facilities that are operated under the authority of a juvenile

 3-4     board, and private post-adjudication juvenile secure correctional

 3-5     facilities, except those facilities exempt from certification by

 3-6     Section 42.052(e);

 3-7                 (5)  procedures for implementation of the progressive

 3-8     sanctions guidelines in Chapter 59, Family Code; and

 3-9                 (6)  minimum standards for juvenile justice alternative

3-10     education programs created under Section 37.011, Education Code.

3-11           SECTION 4.  Section 141.044, Human Resources Code, is amended

3-12     to read as follows:

3-13           Sec. 141.044.  RECORDS AND REPORTS.  Each juvenile board in

3-14     the state shall:

3-15                 (1)  keep the financial, programmatic, and statistical

3-16     records the commission considers necessary; and

3-17                 (2)  submit periodic financial, programmatic, and

3-18     statistical reports to the commission as required by the commission

3-19     and in the format  specified by the commission, including

3-20     electronic submission.

3-21           SECTION 5.  Section 141.046, Human Resources Code, is amended

3-22     to read as follows:

3-23           Sec. 141.046.  INSPECTIONS AND AUDITS.  (a)  The commission

3-24     may inspect and evaluate a juvenile board and probation department

3-25     and  audit its financial, programmatic, and statistical records at

3-26     reasonable times to determine compliance with the commission's

3-27     rules.

 4-1           (b)  The commission may inspect any program or facility

 4-2     operated on behalf of and under the authority of the juvenile board

 4-3     by the probation department, a governmental entity, or private

 4-4     vendor.

 4-5           SECTION 6.  Section 141.082(a), Human Resources Code, is

 4-6     amended to read as follows:

 4-7           (a)  To receive the full amount of state aid funds for which

 4-8     a juvenile board may be eligible [for state aid], a juvenile board

 4-9     must  demonstrate to the commission's satisfaction that the amount

4-10     of local or county funds budgeted for juvenile services is at least

4-11     equal to [or greater than] the amount spent for those services

4-12     during the county fiscal year that corresponds to the first year of

4-13     the preceding state appropriations biennium.  The commission may

4-14     waive this requirement only if the juvenile board demonstrates to

4-15     the commission that unusual, catastrophic, or exceptional

4-16     circumstances existed during the relevant year to affect adversely

4-17     the level of county funding.  If the required amount of local

4-18     funding is not budgeted and the commission does not grant a waiver,

4-19     the commission shall reduce the allocation of state aid funds to

4-20     the juvenile board by the amount equal to the amount that the

4-21     county funding is below the required funding [in the 1980 county

4-22     fiscal year].

4-23           SECTION 7.  Section 141.085(a), Human Resources Code, is

4-24     amended to read as follows:

4-25           (a)  The commission may [shall] refuse, reduce, or suspend

4-26     payment of state aid to:

4-27                 (1)  a juvenile board that fails to comply with the

 5-1     commission's rules or fails to maintain local financial support;

 5-2     or

 5-3                 (2)  a county that fails to comply with the minimum

 5-4     standards provided under Section 141.042(a)(4).

 5-5           SECTION 8.  Section 142.001, Human Resources Code, is amended

 5-6     to read as follows:

 5-7           Sec. 142.001.  DEFINITION.  In this chapter, "juvenile

 5-8     probation services" means:

 5-9                 (1)  services provided by or under the direction of a

5-10     juvenile probation officer in response to an order issued by a

5-11     juvenile court and under the court's direction, including:

5-12                       (A)  protective services;

5-13                       (B)  prevention of delinquent conduct and conduct

5-14     indicating a need for supervision;

5-15                       (C)  diversion;

5-16                       (D)  deferred prosecution [informal adjustment];

5-17                       (E)  foster care;

5-18                       (F)  counseling;

5-19                       (G)  supervision; and

5-20                       (H)  diagnostic, correctional, and educational

5-21     services; and

5-22                 (2)  services provided by a juvenile probation

5-23     department that are [is] related to the operation of a

5-24     preadjudication or postadjudication juvenile [detention] facility.

5-25           SECTION 9.  Section 142.003, Human Resources Code, is amended

5-26     by adding Subsection (c) to read as follows:

5-27           (c)  A juvenile board may contract with another political

 6-1     subdivision of the state or a private vendor for juvenile probation

 6-2     services.

 6-3           SECTION 10.  Section 103, Chapter 262, Acts of the 74th

 6-4     Legislature, Regular Session, 1995, is repealed.

 6-5           SECTION 11.  (a)  This Act takes effect September 1, 1997.

 6-6           (b)  The change in law made by this Act to Section

 6-7     141.011(a)(3), Human Resources Code, does not affect the

 6-8     entitlement of a member of the Texas Juvenile Probation Commission

 6-9     to continue to serve the full term of the member's appointment.  As

6-10     the terms of the members of the Texas Juvenile Probation Commission

6-11     expire or as vacancies are created, the governor shall make

6-12     appointments of members of the commission to achieve as soon as

6-13     possible the membership of the commission as provided under Section

6-14     141.011(a)(3), Human Resources Code,  as amended by this Act.

6-15           SECTION 12.  The importance of this legislation and the

6-16     crowded condition of the calendars in both houses create an

6-17     emergency and an imperative public necessity that the

6-18     constitutional rule requiring bills to be read on three several

6-19     days in each house be suspended, and this rule is hereby suspended.

 7-1                          COMMITTEE AMENDMENT NO. 1

 7-2     Amend Section 141.042(a)(6) by adding the following language at the

 7-3     end of subsection (6) on page 3 at line 10 after the period add:

 7-4     "..., in collaboration and conjunction with the Texas Education

 7-5     Agency, or its designee."

 7-6                                                          Reyna of Bexar

 7-7                          COMMITTEE AMENDMENT NO. 2

 7-8     Amend HB 1917 Section 6 by substituting the following language on

 7-9     page 4 at lines 7 through 22:

7-10           SECTION 6.  Section 141.082(a), Human Resources Code, is

7-11     amended to read as follows:

7-12           (a)  To receive the full amount of state aid funds for which

7-13     a juvenile board may be eligible [for state aid], a juvenile board

7-14     must demonstrate to the commission's satisfaction that the amount

7-15     of local or county funds budgeted for juvenile services is at least

7-16     equal to [or greater than] the amount spent for those services in

7-17     the [1980] 1994 county fiscal year.  The commission may waive this

7-18     requirement only if the juvenile board demonstrates to the

7-19     commission that unusual, catastrophic, or exceptional circumstances

7-20     existed during the relevant year to affect adversely the level of

7-21     county funding.  If the required amount of local funding is not

7-22     budgeted and the commission does not grant a waiver, the commission

7-23     shall reduce the allocation of state aid funds to the juvenile

7-24     board by the amount equal to the amount that the county funding is

7-25     below the required funding.

7-26                                                                 Staples